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Minutes of Commissioners Meeting   -   February 22, 2012

Note:  Complete Meeting Appears on CD #5-12 on File in the Wildwood Crest, NJ Borough Clerk’s Office February 22, 2012
Wildwood Crest, NJ

Prior to the opening of the meeting, Mr. Groon led those present in the Pledge of Allegiance to the Flag.

 

The meeting of the Board of Commissioners, Borough of Wildwood Crest, Cape May County , New Jersey , was held in the Municipal Court Room at 7:00 p.m.  On roll call the following answered to their names:

                    Gould - Groon – Yes                               Cabrera - Absent

 

Mr. Groon read the following statement:  In compliance with the Open Public Meeting Act, Chapter 231, P.L. 1975, the notice requirements have been satisfied as to the time, place and date of holding said meeting by posting notice on the bulletin board in the Borough Hall and by mailing same to the Gazette-Leader, the Herald and The Press on November 29, 2011.

 

Mr. Groon next announced the one-way in and the one-way out method of ingress and egress in case of emergency.

 

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1141 be placed on second reading and final passage by title only.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1141

AN ORDINANCE IMPLEMENTING P.L. 2002, C. 72; PROVIDING

FOR PHASE II TOURISM FUNDING TO THE GREATER WILDWOODS

TOURISM IMPROVEMENT AND DEVELOPMENT AUTHORITY AND

AMENDING ORDINANCE NO. 773, ADOPTED APRIL 14, 1993,

ORDINANCE NO. 801, ADOPTED JUNE 27, 1995, ORDINANCE NO.

842, ADOPTED MAY 18, 1998, ORDINANCE NO. 922 ADOPTED

DECEMBER 2, 2002 AND ORDINANCE NO. 957 ADOPTED APRIL 21, 2004

 

Mrs. Gould motioned, seconded by Mr. Groon, that a public hearing be held on Ordinance No. 1141

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

There being no public comments, Mrs. Gould motioned, seconded by Mr. Groon, that the public hearing on Ordinance No. 1141 be closed.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1141 be tabled until the meeting of March 7, 2012 at 9:30 a.m. for a formal vote

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1142

ORDINANCE TO ESTABLISH CAP BANK FOR

CY2012 PURSUANT TO N.J.S.A. 40A:4-45.14

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1142 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, March 21, 2012 at 7:00 p.m.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1143

BOND ORDINANCE APPROPRIATING $360,000 AND

AUTHORIZING THE ISSUANCE OF $342,000 BONDS OR

NOTES OF THE BOROUGH, FOR THE VARIOUS IMPROVEMENTS

OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE

BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF

CAPE MAY, NEW JERSEY

 

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1143 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, March 7, 2012 at 9:30 a.m.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 727-12

WHEREAS, Borough of Wildwood Crest Ordinance No. 947, as amended by Ordinance No. 1065, contains a formula for the calculation and establishment of annual sewerage rates, including the annual Variable Rate Fee; and

 

WHEREAS, the said calculations have been prepared and reviewed in accordance with the aforementioned Ordinance No. 947, as amended by Ordinance No. 1065; and

 

WHEREAS, it is promulgated in Ordinance No. 947, as amended by Ordinance No. 1065, that the Commissioner of Revenue and Finance shall submit the proposed sewerage rates and minimum charges to the Board of Commissioners for confirmation by resolution; and

 

WHEREAS, the rates as calculated, reviewed and submitted are as follows:

 

               Fixed Rate Charge:           $3.00 per 1000 gallons of metered water consumption

               Variable Rate Charge:      $20.86 per 1000 gallons of metered water consumption

               Minimum Annual Charge:                             $124.00

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May and State of New Jersey, that the sewerage rates and minimum charges as presented by the Commissioner of Revenue and Finance be confirmed for calendar year 2012.

 

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 728-12

WHEREAS, by statute, when a municipality raises school taxes on a school year basis, an amount of not more than 50% of the levy may be deferred to the following year; and

 

WHEREAS, 50% of the school tax levy of the Borough of Wildwood Crest school district is $3,084,752.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, desires to defer school taxes to the year 2012 in the amount of $1,250,000.

 

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 729-12

SUBJECT:  LOCAL BUDGET OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY , NEW JERSEY , FOR THE FISCAL YEAR 2012

 

BE IT RESOLVED that the following statements of revenue and appropriations shall constitute the local budget for the year 2012.

 

BE IT FURTHER RESOLVED that said budget be published in The Cape May County Herald issue of February 29, 2012.

 

NOTICE is hereby given that the budget and tax resolution was adopted by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May , New Jersey on February 22, 2012.

 

A hearing on the budget and tax resolution will be held in the Municipal Court Room in Borough Hall on Wednesday, MARCH 21, 2012 AT 7:00 P.M., Municipal Court Room, Borough Hall, 6101 Pacific Avenue, Wildwood Crest, New Jersey, at which time and place objections to said budget and tax resolution for the year 2012 may be presented by taxpayers and other interested persons.

 

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 730-12

 

WHEREAS, bids have been received in response to advertisement of NOTICE TO BIDDERS dated January 4, 2012, and published in The Herald issue of January 11, 2012, for the following item:

 

EMERGENCY MEDICAL BILLING SERVICE; and

 

WHEREAS, the Solicitor has reviewed the bids submitted and thereby provided a legal opinion recommending that the contract be awarded to the “lowest responsible bidder,” Cape Professional Billing, Inc., P.O. Box 670 , Cape May Court House , New Jersey 08210 , for the bid price as follows:

 

Total Commission to be Paid

 

Year 1 (2/12 – 2/13)                   Year 2 (2/13 – 2/14)                                            Year 3 (2/14 – 2/15)

 

6% collections received             6% collections received                       6% collections received

or minimum $350 monthly                       or minimum $350 monthly                  or minimum $350 monthly

 

all subject to compliance with the bid specifications and confirmation from the Chief Financial Officer as to availability of funds; and

 

WHEREAS, the Chief Financial Officer has reviewed the bids submitted and provided a financial analysis, recommending that the contract be awarded to the “lowest responsible bidder,” Cape Professional Billing, Inc., P.O. Box 670 , Cape May Court House , New Jersey 08210 .

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May and State of New Jersey , as follows:

 

               1.  That the allegations of the preamble hereto are incorporated herein by reference as if fully set forth in full.

               2.  That contract be awarded to the “lowest responsible bidder” as aforesaid, and for the total and complete bid amounts as indicated; all of which is subject to certification below by the Chief Financial Officer as to the availability of funds.

               3.  That the Commissioner of Revenue and Finance and the Borough Clerk be and they are hereby authorized and directed to execute and attest said contract on behalf of the Borough, provided necessary funds are available.

 

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 731-12

 

WHEREAS, Borough of Wildwood Crest Ordinance No. 1069, adopted February 25, 2009, has approved and confirmed rates and fees for the rental of facilities, participation in certain events and activities, and for the development and implementation of other requirements appertaining thereto; and

 

WHEREAS, the fee schedule for “parking meter charges” throughout the Borough, in accordance with the provisions of the aforesaid Ordinance and any amendments related thereto, does provide for a PER HOUR, NOT TO EXCEED AMOUNT OF ONE DOLLAR FIFTY CENTS ($1.50); and

 

WHEREAS, it is the desire of the Board of Commissioners to establish precise fees to be charged in accordance with the foregoing limit set, for calendar year 2012.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May , New Jersey , as follows:

 

               1.  The allegations of the preamble are incorporated herein by reference as if fully set forth.

 

               2.  That the precise fee schedule, with corresponding locations, for parking meter charges be and the same is hereby established as follows:

 

The following street or streets will be $1.25 per hour (12 minutes for each quarter deposited):

 

Beach Avenue Cresse Avenue to Morning Glory Road

Crest Pier Lot – All

Ocean Avenue Cresse Avenue to Primrose Road

Cresse Avenue Atlantic Avenue to Beach

Morning Glory Road Atlantic Avenue to Beach

Buttercup Road – Atlantic Avenue to Beach

Lavender Road – Atlantic Avenue to Beach

Heather Road Atlantic Avenue to Beach

Crocus Road – Atlantic Avenue to Beach

Aster Road – Atlantic Avenue to Beach

Cardinal Road – Atlantic Avenue to Beach

Wisteria Road – Atlantic Avenue to Beach

Columbine Road – Atlantic Avenue to Beach

Forget-Me-Not Road – Ocean Avenue to Beach

Palm Road – Atlantic Avenue to Beach

Lotus Road – Atlantic Avenue to Beach

Primrose Road – Atlantic Avenue to Beach

Rambler Road – Atlantic Avenue to Beach

Orchid Road – Ocean Avenue to Beach

Stockton Road Atlantic Avenue to Beach

Farragut Road Ocean Avenue to Beach

Louisville Avenue Atlantic Avenue to Beach

Miami Avenue Atlantic Avenue to Beach

Monterey Avenue Atlantic Avenue to Beach

St. Paul Avenue Atlantic Avenue to Beach

Preston Avenue Atlantic Avenue to Beach

Topeka Avenue Atlantic Avenue to Atlantic Avenue

Pittsburgh Avenue Atlantic Avenue to Beach

Charleston Avenue Atlantic Avenue to Beach

St. Louis Avenue Atlantic Avenue to Beach

Trenton Avenue Atlantic Avenue to Beach

Newark Avenue Atlantic Avenue to Beach

Washington Avenue Atlantic Avenue to Beach

Jefferson Avenue Seaview Avenue to Beach

Atlantic Avenue Cresse Avenue to Borough/Lower Township boundary line

Atlanta Avenue Atlantic Avenue to Beach

Nashville Avenue Atlantic Avenue to Beach

Stanton Road Atlanta Avenue to Beach

 

               3.  The hours and periods of operation of parking meters in the Borough of Wildwood Crest shall be 8:00 A.M. to 10:00 P.M. daily, commencing May 1, 2012 through September 30, 2012.

 

               4.  That the designated officials of the Borough of Wildwood Crest be and they are hereby authorized, empowered and directed to charge/collect fees in accordance with the schedule set forth hereinabove.

 

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 732-12

 

WHEREAS, TARA LAWSON t/a GREEN EARTH METAL RECYCLING, has submitted a proposal, to remove all scrap metal curbside from the Borough of Wildwood Crest, during hours specifically designated by the Borough of Wildwood Crest, at no cost to the Borough of Wildwood Crest; and

 

WHEREAS, TARA LAWSON t/a GREEN EARTH METAL RECYCLING has indicated that she will provide to the Borough of Wildwood Crest written monthly reports of verification of tonnage and credits received in accordance therewith, on behalf of/for the Borough of Wildwood Crest, from the Cape May County Municipal Utilities Authority; and

 

WHEREAS, it is more cost effective to authorize acceptance of the proposal from TARA LAWSON t/a GREEN EARTH METAL RECYCLING as opposed to paying another scrap metal removal entity to perform said service; and

 

WHEREAS, the Superintendent of Public Works has provided a written opinion indicating that TARA LAWSON t/a GREEN EARTH METAL RECYCLING is the most “responsible bidder” for the curbside removal of scrap metal in the Borough of Wildwood Crest;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the preamble hereto is repeated herein as if fully set forth, and the said proposal of TARA LAWSON t/a GREEN EARTH METAL RECYCLING, which is attached hereto and made a part hereof, is hereby accepted and approved, effective March 24, 2012 and terminating March 23, 2013.

 

BE IT FURTHER RESOLVED that said acceptance of proposal is conditioned upon submission by TARA LAWSON t/a GREEN EARTH METAL RECYCLING of the requisite certificate of insurance naming the Borough of Wildwood Crest as an additional insured, as well as execution and return to the Borough of a Hold Harmless Agreement indemnifying the Borough from and against any loss as a result of the services specified hereinabove being performed.

 

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 733-12

 

WHEREAS, the Tax Collector of the Borough of Wildwood Crest collected

from the property owner or it's designee an excess amount on 2012 property taxes and/or utility payments; and

 

               WHEREAS, an overpayment was created for the reason listed below, and

 

               WHEREAS, the Tax Collector of the Borough of Wildwood Crest has determined the said overpayment should be refunded accordingly as indicated below.

 

 

Block / Lot                           Name                                                                                                                            Amount

11.01-1.01-C0009             Brundage, Judith B                                                                                                 $391.99

2012 Tax                            5600 Seaview Unit 9

                                             Title Company and Mortgage Company

                                             both paid 2012 1st quarter taxes

                                             Refund to Brundage, Judith B

 

               NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, the Chief Financial Officer is hereby authorized to execute said refund as soon as practicable and the Tax

Collector should mark the records accordingly to reflect said refund as per the meeting on

February 22, 2012.

 

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 734-12

 

WHEREAS, THE GREEN HEADS SWIM TEAM has requested the entering into of a Lease Agreement with the Borough of Wildwood Crest for the rental of the Joseph Von Savage Memorial Pool during specifically designated days and times for a six month period and at a term rental of $2,600.00; and

 

WHEREAS, the Board of Commissioners are desirous of permitting the utilization of Borough-owned facilities through the establishment of a reasonable fee schedule to promote, encourage, and foster greater participation in the Borough’s recreational activities by all facets of the community; and

 

WHEREAS, the Board of Commissioners does herewith agree to enter into a lease agreement with THE GREEN HEADS SWIM TEAM for the rental of the Joseph Von Savage Memorial Pool.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, as follows:

 

1.                                    That the allegations of the preamble are incorporated herein as if fully set forth.

2.                                    That a lease by and between the Borough of Wildwood Crest (Landlord) and The Green Heads Swim Team (tenant) for the rental of the Joseph Von Savage Memorial Pool, situated at 8800 New Jersey Avenue, Wildwood Crest, New Jersey 08260, for the period commencing effective March 3, 2012 and terminating August 31, 2012 at the term rental of $2,600, to be paid on or before March 3, 2012. The foregoing payment schedule, the days and hours of permitted use, and all other conditions, which shall affect, change or modify this rental shall be contained in said lease, a copy of which is attached hereto and made a part hereof.

3.                                    The Mayor and the Borough Clerk be and they are hereby authorized and directed to execute and attest said lease on behalf of the Borough.

 

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 735-12

 

SUBJECT:          A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER NUMBER 1–FINAL AND ESTIMATE CERTIFICATE NUMBER 3-FINAL.

                              RECONSTRUCTION OF HEATHER ROAD , PHASE 1

 

 

WHEREAS, Ricky Slade Construction, Inc. of Bridgeton, New Jersey has satisfactorily completed the contract for the project known as Reconstruction of Heather Road, Phase 1; and

 

WHEREAS, during the course of completing the project, certain additions and reductions were required as indicated on Change Order Number 1 – FINAL, decreasing the contract amount by $19,306.60 (Wildwood Crest decrease = $18,451.60; Wildwood City decrease = $855.00); and

 

WHEREAS, the Contractor has now submitted the final Payment Request Number 3 – FINAL on the project; and

 

WHEREAS, the Borough Engineer, Ralph Petrella Jr. of Van Note – Harvey Associates has recommended acceptance of the project as complete.

 

NOW THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, that said Change Order Number 1 – FINAL, decreasing the total contract amount to $222,222.40 (Wildwood Crest portion = $195,827.40; Wildwood City portion = $26,395.00) and Estimate Certificate Number 3 – FINAL be and the same are hereby approved.

 

AND BE IT FURTHER RESOLVED that the contract for said work be, and the same is hereby accepted, and that all payments to Ricky Slade Construction, Inc. be made thereon.

 

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

Mrs. Gould motioned, seconded by Mr. Groon, that all bills properly authorized, as submitted and fully contained on the following pages, be paid.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

Mrs. Gould motioned, seconded by Mr. Groon, that all reports received, from the Court Administrator, CFO, Tax Collector, Chief of Police, and Recreation Supervisor for the month ending January 31, 2012 be accepted as presented and filed.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

Mrs. Gould motioned, seconded by Mr. Groon, that the minutes of Commission meetings held January 25, 2012 and February 8, 2012, as well as the closed session minutes of January 25, 2012 be approved as presented.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

With regard to the 2012 Capital Improvements, the Clerk reported that the bond ordinance introduced earlier contained several items included in the capital plan but that additional information from Commissioner Cabrera was needed to conclude the process.

 

As to the concession rentals: beach pier and Nesbitt Center – permitted uses, the Clerk indicated that he had previously forwarded to the Solicitor a packet of information, and inquired if the matter was ready to be moved forward. The Solicitor responded that a meeting was needed with the Zoning Officer and the Engineer to finalize the plan.

 

The Clerk indicated that it was his understanding that the closing date for submission of suggestions for naming of the Rambler Road Park was to be February 29, 2012.

 

The Clerk inquired of Nancy Pietropaoli, a member of the County Library Renovations Committee, if she had anything to report. She responded that the Committee had visited the new library in Sea Isle City , and planned to visit the proposed facility in Wildwood Crest on March 1, 2012.

 

With regard to the NJEIT Funding, the Clerk asked the Engineer for a report. The Engineer responded that he had circulated an e-mail earlier in the day which included a previous analysis/comparison, as well as an updated analysis based on updated information received by him. Based upon information he currently had, he indicated that to do the New Jersey Avenue project, to participate in the program, the projected cost would be $12 million and it would cost the Borough $900,000 in interest compared to over $6 million in interest from USDA. He added that USDA does have some grant monies, and the total savings would be approximately $3 million. The Clerk inquired as to how far in advance of commencement of the project would the application have to be submitted. The Engineer responded a commitment would need to be made approximately one year prior to commencement of construction. The Clerk offered that the $2 million to $3 million savings should propel the Borough into participating in the program. Mr. Groon concurred. He added that a tentative start date of September 2013 had been proposed. The Engineer agreed. Mr. Groon inquired if that date had changed. The Engineer responded that an emergency repair had recently been completed on New Jersey Avenue at Nashville Avenue , and based on what was seen when the street was opened, it was his opinion that the project cannot wait. He added that in order for the project to commence in September 2013, he would have to have a commitment letter to NJEIT no later than October 1, 2012, with full plans and specifications ready by March 5, 2013. It was his opinion that approval for bids should be received by the middle of May 2013. Mr. Groon asked for confirmation that both phases of the project would be included in the application. The Engineer responded in the affirmative. The Clerk inquired if the Commissioners were in favor of moving forward with the project as outlined by the Engineer. The response was in the affirmative.

 

The Clerk indicated that he had not had an opportunity to speak to Mr. Cabrera with regard to the Borough Logo Design and the Borough Memorial Bench Policy Ordinance, and asked that the matters be placed on hold pending his discussions with Mr. Cabrera.

 

Kathy Bresin, 506 Hagin Road , Dennis Township , indicated that she was the Chair of the Cape May County Women’s Advisory Commission on the Status of Women. She stated that on March 24, 2012 the Commission will be holding a career and training expo at the Wildwood Convention Center , and asked if Wildwood Crest could assist in getting the word out to the public with flyers. Mr. Groon responded that the Borough will be happy to assist.

 

There being no further public comments, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 736-12

Authorizing Executive/Closed Session in accordance with the provisions of the Open Public Meetings Act, specifically N.J.S.A. 10:4-12(b)

 

WHEREAS, the Open Public Meetings Act (N.J.S.A. 10:4-6 et. seq.) requires all meetings of the Board of Commissioners of the Borough of Wildwood Crest to be held in public, except that N.J.S.A. 10:4-12(b) sets forth nine (9) types of matters that may lawfully be discussed in “Executive or Closed Session,” i.e., without the public being permitted to attend; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that one (1) (insert number) issues are permitted by N.J.S.A. 10:4-12(b) to be discussed without the public in attendance to be discussed during the Executive or Closed Session to be held on February 22, 2012 at 7:00 P.M..; and

 

WHEREAS, the nine (9) exceptions to public meetings set forth in N.J.S.A. 10:4-12(b) are listed below, and next to each exception is a box within which the number of issues to be privately discussed that fall within that exception shall be written, and after each exception is a space where additional information that will disclose as much information about the discussion as possible without undermining the purpose of the exception shall be written:

 

“(1) Any matter which, by express provision of Federal law, State statute or rule of court shall be rendered confidential or excluded from public discussion.” The legal citation to the provision(s) at issue is: _________________________________________ and the nature of the matter, described as specifically as possible without undermining the need for confidentiality is____________________________________________________

 

 

“(2) Any matter in which the release of information would impair a right to receive funds from the state or federal government.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is ____________________________________________________

 

 

“(3) Any material the disclosure of which constitutes an unwarranted invasion of individual privacy such as any records, data, reports, recommendations, or other personal material of any educational, training, social service, medical, health, custodial, child protection, rehabilitation, legal defense, welfare, housing, relocation, insurance and similar program or institution operated by a public body pertaining to any specific individual admitted to or served by such institution or program, including but not limited to information relative to the individual’s personal and family circumstances, and any material pertaining to admission, discharge, treatment, progress or condition of any individual, unless the individual concerned (or, in the case of a minor or incompetent, his guardian) shall request in writing that the same be disclosed publicly.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is _________________________________________

 

 

“(4) Any collective bargaining agreement, or the terms and conditions of which are proposed for inclusion in any collective bargaining agreement, including the negotiation of terms and conditions with employees or representatives of employees of the public body.” The collective bargaining contract(s) discussed are between the Borough and _________________________________________

 

 

“(5) Any matter involving the purchase, lease or acquisition of real property with public funds, the setting of bank rates or investment of public funds where it could adversely affect the public interest if discussion of such matters were disclosed.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is ________________________

 

 

“(6) Any tactics and techniques utilized in protecting the safety and property of the public provided that their disclosure could impair such protection. Any investigations of violations or possible violations of the law.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is ____________________________________________________

 

 

One      “(7) Any pending or anticipated litigation or contract negotiation in which the public body is or may become a party. Any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer.” The parties to and docket numbers of each item of litigation and/or the parties to each contract discussed are encroachment on public property at DiAntonio property on Lake Road and the nature of the discussion, described as specifically as possible without undermining the need for confidentiality is ______________________________

 

 

 

“(8) Any matter involving the employment, appointment, termination of employment, terms and conditions or employment, evaluation of the performance, promotion or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the public body, unless all individual employees or appointees whose rights could be adversely affected request, in writing, that such matter or matters be discussed at a public meeting.” Subject to the balancing of the public’s interest and the employee’s privacy rights under South Jersey Publishing Co. v. New Jersey Expressway Authority, 124 N.J. 478, the employee(s) and nature of the discussion, described as specifically as possible without undermining the need for confidentiality are _____________________________

______________________________________________________________________________

 

“(9) Any deliberation of a public body occurring after a public hearing that may result in the imposition of a specific civil penalty upon the responding party or the suspension or loss of a license or permit belonging to the responding party as a result of an act or omission for which the responding party bears responsibility.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is _______________________

 

 

WHEREAS, the Board of Commissioners shall reconvene the public meeting at the conclusion of the authorized closed or executive session, which may or may not include formal action as a result of the discussion(s) held.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, assembled in public session on the date of the meeting of the governing body set forth herein above, that a closed session shall be held for the discussion of matters relating to the specific items designated above involving the Borough of Wildwood Crest.  The governing body shall convene a closed session discussion immediately upon passage of this resolution and it is anticipated that the deliberations conducted in closed session shall be disclosed to the public upon conclusion of the matter and/or after determination of the Board of Commissioners that the public interest will no longer be served by such confidentiality and that the meeting will return to open session at the conclusion of the discussion and formal action may be taken if/as authorized.

BE IT FURTHER RESOLVED that the Municipal Clerk, at the present public meeting, shall read aloud enough of this resolution so that members of the public in attendance can understand, as precisely as possible, the nature of the matters that will be privately discussed.

 

BE IT FURTHER RESOLVED that the Municipal Clerk, on the next business day following this meeting, shall furnish a cop of this resolution to any member of the public who requests one at the fees authorized by N.J.S.A. 47:1A-1, et. seq.

 

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

Upon returning from closed session, there being no further matters for discussion, Mrs. Gould motioned, seconded by Mr. Groon, that the meeting be adjourned.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

Dated:        March 21, 2012

 

Kevin M. Yecco, Borough Clerk

 

 

MINUTES OF MEETINGS INDEX